Law: Penal Code (XLV of 1860)

Section: 120 (b)

Law: Criminal Procedure Code (V of 1898)

Section: 222, 225, 342 & 537

  P L D 1957 Supreme Court (Ind.) 68         (a) Penal Code (XLV of 1860)-----   -----S. 120 (b)-Conviction of one accused when the rest acquitted-When can be maintained Sufficiency of proof.   It is not essential that more than one person should be convicted of the offence of criminal conspiracy. It is enough if the Court is in a position to find that two or more persons were actually concerned in the criminal conspiracy.   When the Court is not satisfied that the acquittal of the other accused was correct, the conviction of the convict can be maintained though the evidence against all the accused was the same.   (b) Penal Code (XLV of 1860)------   ----S. 120 (b)-Criminal conspiracy-Whether agreement by itself punishable.   The offence of criminal conspiracy consists in the very agreement between two or more persons to commit a criminal offence irrespective of the further consideration whether or not those offences have been actually committed. The very fact of the conspiracy constitutes the offence and it is im material whether anything has been done in pursuance of the unlawful agreement.   (c) Criminal Procedure Code (V of 1898)-----   -----Ss. 222, 225 & 537-Charge in a case of conspiracy-Whether should specify names of co-conspirators-Prejudice.   Section 222 requires that the particulars as to the time and place of the alleged offence and the person (if any) against whom, or the thing (if any) in respect of which the offence was committed shall be stated. It does not in terms further require that the names of co-conspirators should also be mentioned. Though the statute law does not make it obligatory that the persons concerned in the crime of criminal conspiracy should be specifically named along with the person or persons charged in a particular trial, it is always advisable to give those particulars also in order to give a reasonable notice to the accused that he has been charged with having conspired with so and so (persons named), as also persons unnamed, to commit a certain offence.   There is no defect in the charge if the accused is not misled or the charge has not…